12-year-olds could face criminal liability

Children aged 12 to 14 may be held criminally liable if they cause others serious injuries that lead to severe disabilities by extremely cruel means, a senior legislator said on Monday.

The change has been written into the third version of a draft amendment to the Criminal Law as a further measure against crimes committed by the very young, said Yue Zhongming, spokesman of the National People's Congress Standing Committee's Legislative Affairs Commission.

The draft will be submitted for a third review to the bimonthly session of the NPC Standing Committee, China's top legislature, which is scheduled to open on Tuesday. In general, a draft will become law after at least three legislative deliberations.

The second version of the draft amendment, which was reviewed in October, lowered the age of criminal responsibility to 12 in some special situations, aiming to better respond to serious violent offenses by young people and alleviate public concerns.

It stipulated that children aged 12 to 14 should be held criminally liable for intentional homicide or intentional injury that leads to death using cruel means. The process would also require approval by the Supreme People's Procuratorate.

After the second version was published online, more than 8,400 opinions from the public were received. The third version has since adopted some of those suggestions, and added an amendment saying that those aged 12 to 14 who use extremely cruel means to cause serious injuries that lead to severe disabilities should also face criminal liability.

The age of criminal responsibility is currently 16, with people aged between 14 and 16 only facing criminal liability if they commit serious violent offenses, including intentional homicide, rape or robbery. Those under the age of 14 who commit crimes are exempt from criminal punishment.

The draft amendment's third version also intensifies protection of intellectual property rights, stating it will strictly fight those harming others' trademarks, copyrights or business secrets, Yue said.

It also makes it clear that officials from government agencies will be given heavier punishments if they are found organizing or inciting people to steal others' identities for college enrollment or job seeking, or are involved in such activities, he added.

Yue also called for strengthened implementation of occupational bans, which are included in several laws, to prevent adults who have sexually assaulted children from being engaged in child-related jobs or activities.